Partial strikes under the railway labor act: The need for a doctrine of unprotected concerted activity

In light of use by airline unions of partial-strike tactics, such as concerted refusals to bid for overtime work and so-called ” CHAOS” tactics involving unannounced refusals to fly after passengers have been ticketed and are ready to board, the authors examine whether the Railway Labor Act (RLA) should be interpreted to permit employers to discipline employees for engaging in such tactics, or whether these are a protected form of economic pressure. Although in many respects bargaining duties and economic weapons under the RLA are read consonant with precedents under the National Labor Relations Act (NLRA) (which governs all industries other than rail and air transport), there are a few decisions suggesting that during the period when self-help may be resorted to, employees can engage in partial strike activities as long as they violate no court order but are subject to permanent replacement in limited circumstances. These decisions, the authors submit, fail to take account of Supreme Court decsions since the 1930s that some economic pressures by unions, such as slowdowns and sitins, may not violate the labor laws but nor are they protected by those laws so as to immunize partial strikers from employer discipline. These decisions are not based on unique features of the NLRA. Rather, they give recognition to the background assumptions of Congress that employers may act to protect their property interests as long as they do not run afoul of NLRA or RLA protections and that employees who engage in partial-strike activities are subject to employer discipline even where not strictly necessary to maintain operations. Moreover, these tactics skew the bargaining process by giving employees an essentially risk-free gambit to pressure their economic position through planned disruption of carrier operations. Professor Estreicher is also labor and employment counsel to O’Melveny & Myers, LLP. The views expressed herein are the authors’ and should not be attributed to any organization. Hannah Breshin and Tom Jerman of O’Melveny & Myers, assisted the authors with this article. We also thank Professor Herbert Northrup for his helpful comments.     

Relations Between Measures of Irritability and Contingency Detection at 6 Months

The hypothesis that irritability and contingency detection are negatively correlated was examined in thirty‐one 6‐month‐old infants. Observation and maternal report‐based assessments of irritability were correlated with both a criterion score and a continuous score of contingency detection. Results indicated that greater irritability in infants was associated with lower contingency detection scores. Discussion focuses on identifying processes by which the 2 constructs may be associated.     

Editor's Introduction: Conflict

Sociological Practice -     

Behavior, Belonging, and Belief: A Theory of Ritual Practice

A new model of ritual based on Durkheim's ([1912] 1995) theory is developed. It is argued that ritual practices generate belief and belonging in participants by activating multiple social–psychological mechanisms that interactively create the characteristic outcomes of ritual. Specifically, the distinctive elements of ritual practice are shown to induce altered subjective states and effortful and/or anomalous behaviors, which are subsequently misattributed in such a way that belief and belonging are created or maintained around the focus of ritual attention. These processes are traced in detail, and the resulting model is shown to be empirically credible, comprehensive, and theoretically fertile.     

Luxembourg's Foreign Policy: Does Small Size Help or Hinder?

As a very small state, Luxembourg would not appear to qualify as an influential foreign policy actor either in Europe or the world. Yet the country's international influence has long belied its reputation as a small state. This article reviews the literature on small-state foreign policy and finds that it offers numerous contradictory conclusions. As a case study it then addresses Luxembourg in the 1990s, with particular attention to two themes: its active participation in the European Union (EU) and its policies directed at maintaining economic prosperity. The paper goes on to explain Luxembourgish foreign policy behaviour through three levels of analysis and assesses to what extent smallness is a benefit or a hindrance to Luxembourg's success in meeting its international goals.     

Dairy Farm Survival in a Metropolitan Area: Dutchess County,New York, 1984–19901

Abstract The effect of nonfarm development on dairy farm survival in New York's highly developed lower Hudson Valley is analyzed. The major hypothesis is that significant losses of dairy farms during this period are the result of urban development pressures. Contrary to this hypothesis, however, the bivariate and multivariate analyses of data from a mail survey of all commercial dairy operators in Dutchess County as of 1984 and industry survivors, exiters, and new entrants through 1990 demonstrate that nonfarm development has a negligible effect on dairy farm survival; rather, survival is significantly affected by age of operator and by family disruption. Thus, demographic and family process factors are found to be more powerful determinants of dairy farm survival in this particular metropolitan context.     

The arithmetic of growth: Methods of calculation

This is a tutorial on the relations between population data and the rates of growth that are calculated from the data. For the calculation of rates of growth, discrete and continuous compounding will be compared so that the reader can see the reasons for using the mathematics of continuous compounding, which is the mathematics of exponential growth. Some properties of exponential growth are developed. Semi-logarithmic graphs will be discussed as a device for representing the size of growing populations and for analyzing the nature of the growth. Illustrative examples will be worked out in order to emphasize applications and utility.